Thursday, 1 December 2016

Justice Matters to us all

This is the first post under the new Justice Matters banner.

As it says on the label, the entire focus will be on Access
to Justice for all. My hope is that it will be more than a regular rant but a
forum to facilitate lobbying and action. The obvious first question is – why does
justice matter?

It is good timing therefore that we have just seen the
publication of – The crisis in the justice system in England and Wales from The
Bach Commission. This is the work of the group set up by the Labour Party under
the leadership of Lord Bach. A full copy of the report is available here –

I don’t intend to review the entire report. But it raises
important issues that will hopefully set the scene. The foreword reminds us why
this is such an important topic –

‘The rule of law is the basis of order and just conduct in
our society. Without it people can have no trust in their institutions or the
free associations they form with one another. Maintenance of the rule of law
depends on the ability of all people to have basic equality of access to the
law. If some cannot access justice because it is beyond their means, then the
rule of law everywhere suffers.’

The report identifies a number of features that undermine
this access. One, in particular, jumps off the page –

Fewer people can
access financial support for a legal case

The decline in the availability of legal aid has been like a
roller coaster in reverse! From a high of about 80% in the 1980s the numbers
eligible had dropped to 29% by 2008. This then fell off a cliff in 2013 when
LASPO saw the removal of whale swathes of work from scope – including housing, welfare
and debt i.e. those affecting the most vulnerable. As a consequence it is virtually impossible
for some to get early and effective legal advice and representation. This is starkly
illustrated by benefits appeals. The success rate in appeals against findings
that claimants were fit for work was about 80% in cases where claimants were
represented. Most agencies can no longer give this support.

The Bach Commission report says that the number of not for
profit legal advice centres fell from over 3200 in 2005 to about 1400 by 2015.
Most agencies reported that they had to turn clients away due to lack resources
or expertise.

The excuse of course is that times are tough, money is tight
and we are all in it together. Interestingly CAB reports that for every £1 of
legal aid spent on benefits the state saves £8.80. The report cites an example
from the Mary Ward Legal Centre. The cuts in legal aid mean that early advice
and help on the circumstances leading to possession proceedings is no longer feasible.
People are not able to access advice until there is a court hearing by which time
it is often too late.

It is right that this is described as a crisis. Something has
to be done.

One thing we can do is provided evidence to the commission
ahead of its final report in 2017.

We should also be relentless in highlighting injustice. If
any readers of this blog want to mention specific areas of need please send
brief details to - justicematters2016@aol.co.uk

It is tempting to give up the struggle as the odds are
stacked against those in need.

But we really have no alternative. If one person loses their
home or income because they cannot access rights given by society then that is
one person too many.